Allowed

Vidyotma Pandey v. State of Up

Allahabad HC16 Jul 2024CRLA/1297/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad admitted a criminal appeal and, acknowledging the appellant's innocence claim, separate residence, and lack of evidence regarding dowry demands, released her on bail pending appeal while staying the fine realization. The appeal to contend conviction was based on conjectures.

What did the court decide?

Appellant released on bail; realization of half the fine stayed.

Vidyotma Pandey vs State of Up — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 86

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Case :- CRIMINAL APPEAL No. - 1297 of 2024

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Appellant :- Vidyotma Pandey Respondent :- State of U.P. Counsel for Appellant :- Indrajeet Kumar Shukla,Kaushal Mishra Counsel for Respondent :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Order on appeal

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Admit.

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Trial court record has been received in the office.

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List and connect with criminal appeal No. 472 of 2024.

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In Re: Criminal Misc. Suspension of Sentence Application No. 01 of 2024

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Heard learned counsel for appellant and learned A.G.A. for the State and perused the record.

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This Criminal appeal under Section 374 (2) of the Criminal Procedure Code has been preferred by the appellant against the conviction and sentence recorded vide judgment and order dated 4/5.01.2024 passed by learned Additional Sessions Judge/F.T.C.-I, Ghazipur in Sessions Trial No. 146 of 2018, arising out of Case Crime No. 1081 of 2017, under Sections 498-A, 304-B IPC and Section 4 Dowry Prohibition Act, P.S. Suhwal, District Ghazipur.

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Learned counsel for the appellant submits that he is innocent and has been falsely implicated. Further submitted that in this case, he is mother-in-law of the deceased and has been convicted and sentenced for a period of 10 years rigorous imprisonment. During postmortem, no any external injury was found on the person of deceased except burn injury. While deceased was cooking food she was burnt due to mis-happening and taken to the hospital by the appellant and other family members. The appellant was living separately from the family of the deceased. Judgment and order passed by learned trial court is based on conjectures and surmises and absolutely there is no evidence against the appellant. Appellant is languishing in jail since 04.01.2024. The appellant was on bail during trial and the appeal is likely to take some time for final disposal, therefore, the appellant be released on bail.Co-accused Devendra Pandey, who is fatherin-law of the deceased, has been granted bail by this Court

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vide order dated 10.04.2024 passed in Criminal Appeal No. 472 of 2024.

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Learned counsel for the respondent as well as learned A.G.A. opposed the prayer for bail and contended that appellant is mother-in-law of the deceased and there is allegation of making demand of dowry and harassment against the appellant also and all these fact were taken into consideration by learned trial court, conviction was held on the basis of material on record, therefore, he is not entitled for bail.

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Considering the facts and circumstances of the case in particular the nature of evidence adduced by the parties, judgment passed by learned trial court and none possibility of hearing of appeal in near future; without further commenting on merit of the case, I am inclined to release the appellant on bail.

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Let appellant Vidyotma Pandey be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned during pendency of this appeal.

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The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.

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On acceptance of bail and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.

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The appellant would be entitled to get the benefit of this order only after depositing 50 % amount of fine.

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The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 16.7.2024 Rmk.

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Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad

Vidyotma Pandey v. State of Up

Case brief

What is this about?

What did the court decide?

Vidyotma Pandey v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

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